Energy Services of America CORP 10-Q

Item 1. Financial Statements (Unaudited): Energy Services of America Corporation Consolidated Balance Sheets ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ March 31, ​ September 30, ​ 2022 2021 Assets ​ ​ ​ ​ ​ ​ Current assets ​ ​ Cash and cash equivalents ​ $ 8,362,452 ​ $ 8,226,739 Accounts receivable-trade ​ 16,585,025 ​ 21,092,517 Allowance for doubtful accounts ​ ( 70,310 ) ​ ( 70,310 ) Retainage receivable ​ 1,924,608 ​ 917,526 Other receivables ​ 49,107 ​ 543,328 Contract assets ​ 7,697,889 ​ 8,730,402 Prepaid expenses and other ​ 5,272,735 ​ 3,541,000 Total current assets ​ 39,821,506 ​ 42,981,202 ​ ​ ​ ​ ​ Property, plant and equipment, at cost ​ 61,851,439 ​ 61,145,705 less accumulated depreciation ​ ( 39,273,861 ) ​ ( 38,195,686 ) Total fixed assets ​ 22,577,578 ​ 22,950,019 ​ ​ ​ ​ ​ ​ ​ Intangible assets, net ​ ​ 2,230,067 ​ ​ 2,425,923 Goodwill ​ ​ 1,814,317 ​ ​ 1,814,317 ​ ​ ​ ​ ​ Total assets ​ $ 66,443,468 ​ $ 70,171,461 ​ ​ ​ ​ ​ Liabilities and shareholders’ equity ​ ​ ​ ​ Current liabilities ​ ​ ​ ​ Current maturities of long-term debt ​ $ 2,869,128 ​ $ 3,401,574 Lines of credit and short term borrowings ​ 2,236,362 ​ 5,040,250 Accounts payable ​ 6,846,215 ​ 7,285,392 Accrued expenses and other current liabilities ​ 6,121,518 ​ 5,599,702 Contract liabilities ​ 4,213,471 ​ 3,153,290 Total current liabilities ​ 22,286,694 ​ 24,480,208 ​ ​ ​ ​ ​ Long-term debt, less current maturities ​ 7,879,315 ​ 9,020,774 Deferred tax liability ​ 2,265,498 ​ 2,033,433 Total liabilities ​ 32,431,507 ​ 35,534,415 ​ ​ ​ Shareholders’ equity ​ ​ ​ ​ ​ Preferred stock, $ .0001 par value Authorized 1,000,000 shares, none issued at March 31, 2022 and 206 issued at September 30, 2021 ​ — ​ — ​ ​ ​ ​ ​ ​ ​ Common stock, $ .0001 par value Authorized 50,000,000 shares, 17,466,328 issued and 16,247,898 outstanding at March 31, 2022 and 14,839,836 issued and 13,621,406 outstanding at September 30, 2021 ​ 1,747 ​ 1,484 ​ ​ ​ ​ ​ ​ ​ Treasury stock, 1,218,430 shares at March 31, 2022 and September 30, 2021 ​ ( 122 ) ​ ( 122 ) ​ ​ ​ Additional paid in capital ​ 59,460,174 ​ 60,670,699 Retained deficit ​ ( 25,449,838 ) ​ ( 26,035,015 ) ​ ​ ​ ​ ​ ​ ​ Total shareholders’ equity ​ 34,011,961 ​ 34,637,046 ​ ​ ​ ​ Total liabilities and shareholders’ equity ​ $ 66,443,468 ​ $ 70,171,461 ​ The Accompanying Notes are an Integral Part of These Financial Statements ​ 1 Table of Contents Energy Services of America Corporation Consolidated Statements of Income Unaudited ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Three Months Ended ​ Three Months Ended ​ Six Months Ended ​ Six Months Ended ​ ​ March 31, ​ March 31, ​ March 31, ​ March 31, ​ 2022 2021 2022 2021 Revenue ​ $ 35,392,578 ​ $ 25,605,412 ​ $ 78,051,703 ​ $ 57,615,208 ​ ​ ​ ​ ​ ​ ​ ​ ​ Cost of revenues ​ 32,526,959 ​ 23,731,889 ​ 69,877,711 ​ 52,898,626 ​ ​ ​ ​ ​ ​ ​ ​ ​ Gross profit ​ 2,865,619 ​ 1,873,523 ​ 8,173,992 ​ 4,716,582 ​ ​ ​ ​ ​ ​ ​ ​ ​ Selling and administrative expenses ​ 3,417,039 ​ 3,823,913 ​ 7,049,634 ​ 7,419,743 (Loss) income from operations ​ ( 551,420 ) ​ ( 1,950,390 ) ​ 1,124,358 ​ ( 2,703,161 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ Other income (expense) ​ ​ ​ ​ ​ ​ ​ ​ Interest income ​ — ​ 4 ​ 576 ​ 151,769 Other nonoperating expense ​ ( 109,810 ) ​ ( 32,887 ) ​ ( 263,238 ) ​ ( 85,510 ) Interest expense ​ ​ ( 144,932 ) ​ ​ ( 142,993 ) ​ ​ ( 342,491 ) ​ ​ ( 219,510 ) Gain on sale of equipment ​ 19,896 ​ 479,269 ​ 359,792 ​ 492,311 ​ ​ ( 234,846 ) ​ 303,393 ​ ( 245,361 ) ​ 339,060 ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) income before income taxes ​ ( 786,266 ) ​ ( 1,646,997 ) ​ 878,997 ​ ( 2,364,101 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ Income tax (benefit) expense ​ ( 200,463 ) ​ ( 335,526 ) ​ 293,820 ​ ( 404,968 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ Net (loss) income ​ ( 585,803 ) ​ ( 1,311,471 ) ​ 585,177 ​ ( 1,959,133 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ Dividends on preferred stock ​ — ​ 77,250 ​ — ​ 154,500 ​ ​ ​ ​ ​ ​ ​ ​ ​ Net (loss) income available to common shareholders ​ $ ( 585,803 ) ​ $ ( 1,388,721 ) ​ $ 585,177 ​ $ ( 2,113,633 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ Weighted average shares outstanding-basic ​ 16,247,898 ​ 13,621,406 ​ 16,247,898 ​ 13,621,406 ​ ​ ​ ​ ​ ​ ​ ​ ​ Weighted average shares-diluted ​ 16,247,898 ​ 13,621,406 ​ 16,247,898 ​ 13,621,406 ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) earnings per share available to common shareholders ​ $ ( 0.04 ) ​ $ ( 0.10 ) ​ $ 0.04 ​ $ ( 0.16 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) earnings per share-diluted available to common shareholders ​ $ ( 0.04 ) ​ $ ( 0.10 ) ​ $ 0.04 ​ $ ( 0.16 ) ​ The Accompanying Notes are an Integral Part of These Financial Statements ​ 2 Table of Contents Energy Services of America Corporation Consolidated Statements of Cash Flows Unaudited ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Six Months Ended ​ Six Months Ended ​ ​ March 31, ​ March 31, ​ 2022 2021 Cash flows from operating activities: ​ ​ ​ ​ ​ ​ ​ ​ ​ Net income (loss) ​ $ 585,177 ​ $ ( 1,959,133 ) Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities: ​ ​ ​ ​ Depreciation expense ​ 2,593,025 ​ 2,235,844 Gain on sale of equipment ​ ( 359,792 ) ​ ( 492,311 ) Provision for deferred taxes ​ 293,820 ​ 216,961 Amortization of intangible assets ​ ​ 195,856 ​ ​ — Accreted interest on note payable ​ ​ 15,000 ​ ​ — Decrease (increase) in contracts receivable ​ 4,507,492 ​ ( 136,068 ) (Increase) decrease in retainage receivable ​ ( 1,007,082 ) ​ 722,986 Decrease (increase) in other receivables ​ 494,221 ​ ( 344,902 ) Decrease in contract assets ​ 1,032,513 ​ 2,258,082 Increase in prepaid expenses ​ ( 1,731,735 ) ​ ( 1,526,616 ) Decrease in accounts payable ​ ( 439,177 ) ​ ( 341,080 ) Increase (decrease) in accrued expenses and other current liabilities ​ 460,324 ​ ( 1,695,856 ) Increase (decrease) in contract liabilities ​ 1,060,181 ​ ( 1,352,136 ) Net cash provided by (used in) operating activities ​ 7,699,823 ​ ( 2,414,229 ) ​ ​ ​ Cash flows from investing activities: ​ ​ Acquisition of West Virginia Pipeline, net of cash received of $ 250,000 ​ ​ — ​ ​ ( 3,250,000 ) Investment in property and equipment ​ ( 2,084,200 ) ​ ( 3,763,781 ) Proceeds from sales of property and equipment ​ 558,653 ​ 536,988 Net cash used in investing activities ​ ( 1,525,547 ) ​ ( 6,476,793 ) ​ ​ ​ ​ ​ ​ ​ Cash flows from financing activities: ​ ​ Preferred stock redemption ​ ​ ( 1,210,525 ) ​ ​ — Preferred dividends paid ​ — ​ ( 154,500 ) Borrowings on lines of credit and short term debt, net of (repayments) ​ ​ ( 2,803,888 ) ​ ​ 5,140,677 Principal payments on long term debt ​ ​ ( 2,024,150 ) ​ ​ ( 1,229,051 ) Net cash (used in) provided by financing activities ​ ( 6,038,563 ) ​ 3,757,126 ​ ​ ​ ​ ​ Increase (decrease) in cash and cash equivalents ​ 135,713 ​ ( 5,133,896 ) Cash and cash equivalents beginning of period ​ 8,226,739 ​ 11,216,820 Cash and cash equivalents end of period ​ $ 8,362,452 ​ $ 6,082,924 ​ ​ ​ ​ ​ Supplemental schedule of noncash investing and financing activities: ​ ​ ​ ​ Purchases of property & equipment under financing agreements ​ $ 350,245 ​ $ 349,139 Insurance premiums financed ​ $ 3,352,971 ​ $ 3,213,402 Note payable to finance West Virginia Pipeline acquisition ​ $ — ​ $ 3,000,000 Accrued dividends on preferred stock ​ $ — ​ $ 77,250 Debt assumed in acquisitions ​ $ — ​ $ 205,829 Par value of common stock issued from preferred stock conversion ​ $ 263 ​ $ — ​ ​ ​ ​ ​ Supplemental disclosures of cash flows information: ​ ​ ​ ​ Cash paid during the year for: ​ ​ ​ ​ Interest ​ $ 327,491 ​ $ 219,510 Income taxes ​ $ 7,995 ​ $ 229,611 ​ The Accompanying Notes are an Integral Part of These Financial Statements ​ 3 Table of Contents Energy Services of America Corporation Consolidated Statements of Changes in Shareholders’ Equity For the six months ended March 31, 2022 and 2021 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Total ​ ​ Common Stock ​ Additional Paid ​ Retained ​ Treasury ​ Shareholders’ ​ Shares Amount in Capital Deficit Stock Equity Balance at September 30, 2020 13,621,406 ​ $ 1,484 ​ $ 60,670,699 ​ $ ( 34,848,032 ) ​ $ ( 122 ) ​ $ 25,824,029 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Net loss — ​ — ​ — ​ ( 1,959,133 ) ​ — ​ ( 1,959,133 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Accrued preferred dividends — ​ — ​ — ​ ( 154,500 ) ​ — ​ ( 154,500 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Balance at March 31, 2021 13,621,406 ​ $ 1,484 ​ $ 60,670,699 ​ $ ( 36,961,665 ) ​ $ ( 122 ) ​ $ 23,710,396 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Balance at September 30, 2021 13,621,406 ​ $ 1,484 ​ $ 60,670,699 ​ $ ( 26,035,015 ) ​ $ ( 122 ) ​ $ 34,637,046 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Net income — ​ — ​ — ​ 585,177 ​ — ​ 585,177 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Preferred share repemption, net of accrued dividends at September 30, 2021 ​ — ​ ​ — ​ ​ ( 1,210,525 ) ​ ​ — ​ ​ — ​ ​ ( 1,210,525 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Preferred share conversion 2,626,492 ​ 263 ​ — ​ — ​ — ​ 263 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Balance at March 31, 2022 16,247,898 ​ $ 1,747 ​ $ 59,460,174 ​ $ ( 25,449,838 ) ​ $ ( 122 ) ​ $ 34,011,961 ​ The Accompanying Notes are an Integral Part of These Financial Statements ​ 4 Table of Contents ENERGY SERVICES OF AMERICA CORPORATION NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS 1. BUSINESS AND ORGANIZATION Energy Services of America Corporation (“Energy Services” or the “Company”), formed in 2006, is a contractor and service company that operates primarily in the mid-Atlantic region of the United States and provides services to customers in the natural gas, petroleum, water distribution, automotive, chemical, and power industries. C.J. Hughes Construction Company, Inc. (“C.J. Hughes”), a wholly owned subsidiary of the Company, is a general contractor primarily engaged in pipeline construction for utility companies. Contractors Rental Corporation (“Contractors Rental”), a wholly owned subsidiary of C.J. Hughes, provides union building trade employees for projects managed by C.J. Hughes. Nitro Construction Services, Inc. (“Nitro”), a wholly owned subsidiary of C.J. Hughes, provides electrical, mechanical, HVAC/R, solar installation, and fire protection services to customers primarily in the automotive, chemical, and power industries. Pinnacle Technical Solutions, Inc. (“Pinnacle”), a wholly owned subsidiary of Nitro, operates as a data storage facility within Nitro’s office building. Pinnacle is supported by Nitro and has no employees of its own. All C.J. Hughes, Nitro, and Contractors Rental construction personnel are union members of various related construction trade unions and are subject to collective bargaining agreements that expire at varying time intervals. West Virginia Pipeline, Inc. (“West Virginia Pipeline”), a wholly owned subsidiary of Energy Services, operates as a gas and water distribution contractor primarily in southern West Virginia. The employees of West Virginia Pipeline are non-union and are managed independently from the Company's union subsidiaries. SQP Construction Group, Inc. (“SQP”), a wholly owned subsidiary of Energy Services, operates as a general contractor primarily in West Virginia. SQP engages in the construction and renovation of buildings and other civil construction projects for state and local government agencies and commercial customers. As a general contractor, SQP manages the overall construction project and subcontracts most of the work. The employees of SQP are non-union and are managed independently from the Company’s union subsidiaries. On April 29, 2022, Tri-State Paving Acquisition Company (“TSP”), a West Virginia corporation and a newly formed wholly owned subsidiary of the Company, completed the acquisition of Tri-State Paving & Sealcoat, LLC (“Tri-State Paving”), a West Virginia corporation located in Hurricane, WV. TSP acquired substantially all the assets of Tri-State Paving for $ 7.5 million in cash, a $ 1.0 million seller note, and $ 1.0 million in the Company’s common stock, which resulted in the issuance of 419,287 new common shares. TSP will provide utility paving services to water distribution customers in the Charleston, WV, Lexington, KY, and Chattanooga, TN markets. The employees of TSP will be non-union and managed independently from the Company’s union subsidiaries. Interim Financial Statements The accompanying unaudited consolidated financial statements have been prepared pursuant to the rules and regulations of the Securities and Exchange Commission (“SEC”) and should be read in conjunction with the Company’s audited consolidated financial statements and footnotes thereto for the years ended September 30, 2021, and 2020 included in the Company’s Annual Report on Form 10-K filed with the SEC on December 29, 2021. Certain information and footnote disclosures normally included in annual financial statements prepared in accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”) have been omitted pursuant to the interim financial reporting rules and regulations of the SEC. The financial statements reflect all adjustments (consisting primarily of normal recurring adjustments) that are, in the opinion of management, necessary for a fair presentation of the Company’s financial position and results of operations. The operating results for the three and six months ended March 31, 2022 and 2021 are not necessarily indicative of the results to be expected for the full year or any other interim period. Principles of Consolidation The consolidated financial statements of Energy Services include the accounts of Energy Services, its wholly owned subsidiaries West Virginia Pipeline, SQP and C.J. Hughes and its subsidiaries, Contractors Rental, Nitro, and Pinnacle. All significant intercompany accounts and transactions have been eliminated in the consolidation. Unless the context requires otherwise, references to Energy Services include Energy Services, West Virginia Pipeline, SQP, and C.J. Hughes and its subsidiaries. 5 Table of Contents Use of Estimates and Assumptions The preparation of financial statements, in conformity with U.S. GAAP, requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of income and loss during the reporting period. Actual results could differ materially from those estimates. ​ 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Please refer to Note 2 “ Summary of Significant Accounting Policies ” of the Consolidated Financial Statements in our Annual Report on Form 10-K for the year ended September 30, 2021, for a more detailed discussion of our significant accounting policies. There were no material changes to these critical accounting policies during the three and six months ended March 31, 2022. ​ 3. REVENUE RECOGNITION Our revenue is primarily derived from construction contracts that can span several quarters. We recognize revenue in accordance with Accounting Standards Codification (“ASC”) Topic 606, Revenue from Contracts with Customers (“ASC 606” or “Topic 606”) which provides for a five-step model for recognizing revenue from contracts with customers as follows: 1. Identify the contract 2. Identify performance obligations 3. Determine the transaction price 4. Allocate the transaction price 5. Recognize revenue The accuracy of our revenue and profit recognition in a given period depends on the accuracy of our estimates of the cost to complete each project. We believe our experience allows us to create materially reliable estimates. There are a number of factors that can contribute to changes in estimates of contract cost and profitability. The most significant of these include: ● the completeness and accuracy of the original bid; ● costs associated with scope changes; ● changes in costs of labor and/or materials; ● extended overhead and other costs due to owner, weather and other delays; ● subcontractor performance issues; ● changes in productivity expectations; ● site conditions that differ from those assumed in the original bid; ● changes from original design on design-build projects; ● the availability and skill level of workers in the geographic location of the project; ● a change in the availability and proximity of equipment and materials; ● our ability to fully and promptly recover on affirmative claims and back charges for additional contract costs; and ● the customer’s ability to properly administer the contract. The foregoing factors, as well as the stage of completion of contracts in process and the mix of contracts at different margins may cause fluctuations in gross profit from period to period. Significant changes in cost estimates, particularly in our larger, more complex projects, could have a significant effect on our profitability. Our contract assets include cost and estimated earnings in excess of billings that represent amounts earned and reimbursable under contracts, including claim recovery estimates, but have a conditional right for billing and payment such as achievement of milestones or completion of the project. With the exception of customer affirmative claims, generally, such unbilled amounts will become billable according to the contract terms and generally will be billed and collected over the next three months. Settlement with the customer of outstanding affirmative claims is dependent on the claims resolution process and could extend beyond one year. Based on our historical experience, we generally consider the collection risk related to billable amounts to be low. When events or conditions indicate that it is probable that the amounts outstanding become unbillable, the transaction price and associated contract asset is reduced. 6 Table of Contents Our contract liabilities consist of provisions for losses and billings in excess of costs and estimated earnings. Provisions for losses, if incurred, are recognized in the consolidated statements of income at the uncompleted performance obligation level for the amount of total estimated losses in the period that evidence indicates that the estimated total cost of a performance obligation exceeds its estimated total revenue. Billings in excess of costs and estimated earnings are billings to customers on contracts in advance of work performed, including advance payments negotiated as a contract condition. Generally, unearned project-related costs will be earned over the next twelve months. ​ ​ 4. DISAGGREGATION OF REVENUE The Company disaggregates revenue based on the following lines of service: (1) Gas & Water Distribution, (2) Gas & Petroleum Transmission, and (3) Electrical, Mechanical, & General services and construction. Certain reclassifications have been made to the three and six months ended March 31, 2021, to reflect the current presentation. Our contract types are: Lump Sum, Unit Price, Cost Plus and Time and Materials (“T&M”). The following tables present our disaggregated revenue for the three and six months ended March 31, 2022 and 2021: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Three Months Ended March 31, 2022 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Electrical, ​ ​ ​ ​ Gas & Water ​ Gas & Petroleum ​ Mechanical, and ​ Total revenue ​ Distribution Transmission General from contracts Lump sum contracts ​ $ — ​ $ — ​ $ 8,945,968 ​ $ 8,945,968 Unit price contracts ​ 10,653,195 ​ 8,534,679 ​ — ​ 19,187,874 Cost plus and T&M contracts ​ — ​ — ​ 7,258,736 ​ 7,258,736 Total revenue from contracts ​ $ 10,653,195 ​ $ 8,534,679 ​ $ 16,204,704 ​ $ 35,392,578 ​ ​ ​ ​ ​ ​ ​ ​ ​ Earned over time ​ $ 6,027,928 ​ $ 8,534,679 ​ $ 15,678,606 ​ $ 30,241,213 Earned at point in time ​ 4,625,267 ​ — ​ 526,098 ​ 5,151,365 Total revenue from contracts ​ $ 10,653,195 ​ $ 8,534,679 ​ $ 16,204,704 ​ $ 35,392,578 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Three Months Ended March 31, 2021 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Electrical, ​ ​ ​ ​ ​ Gas &Water ​ Gas & Petroleum ​ Mechanical, and ​ Total revenue ​ Distribution Transmission General from contracts Lump sum contracts ​ $ — ​ $ — ​ $ 8,016,239 ​ $ 8,016,239 Unit price contracts ​ 8,184,326 ​ 2,763,768 ​ — ​ 10,948,094 Cost plus and T&M contracts ​ 420,812 ​ 919,244 ​ 5,301,023 ​ 6,641,079 Total revenue from contracts ​ $ 8,605,138 ​ $ 3,683,012 ​ $ 13,317,262 ​ $ 25,605,412 ​ ​ ​ ​ ​ Earned over time ​ $ 6,147,794 ​ $ 2,763,768 ​ $ 13,042,833 ​ $ 21,954,395 Earned at point in time ​ 2,457,344 ​ 919,244 ​ 274,429 ​ 3,651,017 Total revenue from contracts ​ $ 8,605,138 ​ $ 3,683,012 ​ $ 13,317,262 ​ $ 25,605,412 ​ 7 Table of Contents ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Six Months Ended March 31, 2022 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Electrical, ​ ​ ​ ​ ​ Gas & Water ​ Gas & Petroleum ​ Mechanical, and ​ Total revenue ​ Distribution Transmission General from contracts Lump sum contracts ​ $ — ​ $ — ​ $ 19,885,169 ​ $ 19,885,169 Unit price contracts ​ 22,615,229 ​ 19,773,196 ​ — ​ 42,388,425 Cost plus and T&M contracts ​ — ​ — ​ 15,778,109 ​ 15,778,109 Total revenue from contracts ​ $ 22,615,229 ​ $ 19,773,196 ​ $ 35,663,278 ​ $ 78,051,703 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Earned over time ​ $ 13,947,850 ​ $ 19,773,196 ​ $ 34,498,592 ​ $ 68,219,638 Earned at point in time ​ 8,667,379 ​ — ​ 1,164,686 ​ 9,832,065 Total revenue from contracts ​ $ 22,615,229 ​ $ 19,773,196 ​ $ 35,663,278 ​ $ 78,051,703 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Six Months Ended March 31, 2021 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Electrical, ​ ​ ​ ​ ​ Gas & Water ​ Gas & Petroleum ​ Mechanical, and ​ Total revenue ​ Distribution Transmission General from contracts Lump sum contracts ​ $ — ​ $ — ​ $ 19,682,870 ​ $ 19,682,870 Unit price contracts ​ 15,315,965 ​ 11,166,360 ​ — ​ 26,482,325 Cost plus and T&M contracts ​ 420,812 ​ 1,209,244 ​ 9,819,957 ​ 11,450,013 Total revenue from contracts ​ $ 15,736,777 ​ $ 12,375,604 ​ $ 29,502,827 ​ $ 57,615,208 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Earned over time ​ $ 9,854,975 ​ $ 11,166,360 ​ $ 29,056,588 ​ $ 50,077,923 Earned at point in time ​ 5,881,802 ​ 1,209,244 ​ 446,239 ​ 7,537,285 Total revenue from contracts ​ $ 15,736,777 ​ $ 12,375,604 ​ $ 29,502,827 ​ $ 57,615,208 ​ 5. CONTRACT BALANCES The Company’s accounts receivable consists of amounts that have been billed to customers. Collateral is generally not required. The Company’s contracts have billing terms including daily, weekly, monthly, and at project completion depending on the customer and contract agreement. Payment terms are generally within 30 to 45 days after invoices have been issued. The timing of billings to customers may generate contract assets or contract liabilities. During the three and six months ended March 31, 2022, the Company recognized revenue of $ 2.6 million that was included in the contract liability balance at September 30, 2021. Accounts receivable-trade, net of allowance for doubtful accounts, retentions receivable, contract assets and contract liabilities consisted of the following: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ March 31, 2022 ​ September 30, 2021 ​ Change ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Accounts receivable-trade, net of allowance for doubtful accounts ​ $ 16,514,715 ​ $ 21,022,207 ​ $ ( 4,507,492 ) ​ ​ ​ ​ Contract assets ​ ​ ​ Cost and estimated earnings in excess of billings ​ $ 7,697,889 ​ $ 8,730,402 ​ $ ( 1,032,513 ) ​ ​ ​ ​ ​ ​ Contract liabilities ​ ​ ​ ​ ​ Billings in excess of cost and estimated earnings ​ $ 4,213,471 ​ $ 3,153,290 ​ $ 1,060,181 ​ ​ 8 Table of Contents 6. PERFORMANCE OBLIGATIONS Generally, our contracts contain one performance obligation that is satisfied over time because our performance typically creates or enhances an asset that the customer controls as the asset is created or enhanced. We recognize revenue as performance obligations are satisfied and control of the promised good and service is transferred to the customer. Revenue is ordinarily recognized over time as control is transferred to the customers by measuring the progress toward complete satisfaction of the performance obligation(s) using an input (i.e., “cost-to-cost”) method. Under the cost-to-cost method, costs incurred to-date are generally the best depiction of transfer of control. All contract costs, including those associated with affirmative claims, change orders and back charges, are recorded as incurred and revisions to estimated total costs are reflected as soon as the obligation to perform is determined. Contract costs consist of direct costs on contracts, including labor and materials, amounts payable to subcontractors, direct overhead costs and equipment expense (primarily depreciation, fuel, maintenance and repairs). During the three and six months ended March 31, 2022, there was no revenue recognized as a result of changes in contract transaction price related to performance obligations that were satisfied prior to September 30, 2021. Changes in contract transaction price can result from such items as changes in projected profit, executed or estimated change orders, and unresolved contract modifications and claims. The Company does not sell warranties for its construction services. At March 31, 2022, the Company had $ 66.2 million in remaining unsatisfied performance obligations, in which revenue is expected to be recognized in less than twelve months. ​ 7. UNCOMPLETED CONTRACTS Costs, estimated earnings, and billings on uncompleted contracts as of March 31, 2022, and September 30, 2021, are summarized as follows: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ March 31, 2022 ​ September 30, 2021 Costs incurred on contracts in progress ​ $ 71,768,426 ​ $ 64,903,618 Estimated earnings, net of estimated losses ​ 10,841,378 ​ 13,280,334 ​ ​ 82,609,804 ​ 78,183,952 Less billings to date ​ 79,125,386 ​ 72,606,840 ​ ​ $ 3,484,418 ​ $ 5,577,112 Costs and estimated earnings in excess of billed on uncompleted contracts ​ ​ ​ ​ ​ ​ $ 7,697,889 ​ $ 8,730,402 ​ ​ ​ ​ ​ Less billings in excess of costs and estimated earnings on uncompleted contracts ​ 4,213,471 ​ 3,153,290 ​ ​ $ 3,484,418 ​ $ 5,577,112 ​ Backlog at March 31, 2022, and September 30, 2021, was $ 120.3 million and $ 72.2 million, respectively. ​ 8. FAIR VALUE MEASUREMENTS The fair value measurement guidance of the Financial Accounting Standards Board (FASB) Accounting Standards Codification defines fair value, establishes a framework for measuring fair value in generally accepted accounting principles and expands disclosures about fair value measurements. Under the FASB’s authoritative guidance on fair value measurements, fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The fair value measurement guidance of the FASB ASC establishes a three-level hierarchy for fair value measurements based upon the transparency of inputs to the valuation of an asset or liability as of the measurement date. The three levels are defined as follows: Level 1 — Quoted prices for identical assets and liabilities traded in active exchange markets, such as the New York Stock Exchange. Level 2 — Observable inputs other than Level 1 including quoted prices for similar assets or liabilities, quoted prices in less active markets, or other observable inputs that can be corroborated by observable market data. 9 Table of Contents Level 3 — Unobservable inputs supported by little or no market activity for financial instruments whose value is determined using pricing models, discounted cash flow methodologies, or similar techniques, as well as instruments for which the determination of fair value requires significant management judgment or estimation; also includes observable inputs for nonbinding single dealer quotes not corroborated by observable market data. A financial instrument’s categorization within the valuation hierarchy is based upon the lowest level of input that is significant to the fair value measurement. The carrying amount for borrowings under the Company’s revolving credit facility approximates fair value because of the variable market interest rate charged to the Company for these short-term borrowings. The fair value of the Company’s long term fixed-rate debt to unrelated parties was estimated using a discounted cash flow analysis and a yield rate that was estimated based on the borrowing rates for bank loans with similar terms and maturities. The fair value of the aggregate principal amount of the Company’s fixed-rate debt of $ 10.1 million at March 31, 2022, was $ 10.1 million. The fair value of the aggregate principal amount of the Company’s fixed-rate debt of $ 10.0 million at September 30, 2021, was $ 9.9 million. All current receivables and payables are carried at net realizable value which approximates fair value because of their short duration to maturity. ​ 9. (LOSS) EARNINGS PER SHARE The amounts used to compute the (loss) earnings per share for the three and six months ended March 31, 2022, and 2021 are summarized below. ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Three Months Ended ​ Three Months Ended ​ Six Months Ended ​ Six Months Ended ​ ​ March 31, ​ March 31, ​ March 31, ​ March 31, ​ 2022 2021 2022 2021 Net (loss) income ​ $ ( 585,803 ) ​ $ ( 1,311,471 ) ​ $ 585,177 ​ $ ( 1,959,133 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Dividends on preferred stock ​ — ​ 77,250 ​ ​ — ​ ​ 154,500 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) income available to common shareholders ​ $ ( 585,803 ) ​ $ ( 1,388,721 ) ​ $ 585,177 ​ $ ( 2,113,633 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Weighted average shares outstanding ​ 16,247,898 ​ 13,621,406 ​ ​ 16,247,898 ​ ​ 13,621,406 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Weighted average shares outstanding-diluted ​ 16,247,898 ​ 13,621,406 ​ ​ 16,247,898 ​ ​ 13,621,406 ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) earnings per share available to common shareholders ​ $ ( 0.04 ) ​ $ ( 0.10 ) ​ $ 0.04 ​ $ ( 0.16 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ (Loss) earnings per share available to common shareholders-diluted ​ $ ( 0.04 ) ​ $ ( 0.10 ) ​ $ 0.04 ​ $ ( 0.16 ) ​ ​ 10 Table of Contents 10. INCOME TAXES The components of income taxes are as follows: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Three Months Ended ​ March 31, 2022 March 31, 2021 Federal ​ ​ Current ​ $ — ​ $ ( 406,343 ) Deferred ​ ( 156,360 ) ​ 145,533 Total ​ ​ ( 156,360 ) ​ ​ ( 260,810 ) ​ ​ ​ ​ ​ State ​ ​ ​ ​ Current ​ ​ — ​ ​ ( 116,382 ) Deferred ​ ( 44,103 ) ​ 41,666 Total ​ ​ ( 44,103 ) ​ ​ ( 74,716 ) ​ ​ ​ ​ ​ Total income tax benefit ​ $ ( 200,463 ) ​ $ ( 335,526 ) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Six Months Ended ​ March 31, 2022 March 31, 2021 Federal ​ ​ Current ​ $ — ​ $ ( 483,723 ) Deferred ​ 229,180 ​ 168,747 Total ​ 229,180 ​ ( 314,976 ) ​ ​ ​ ​ ​ ​ ​ State ​ ​ ​ ​ Current ​ ​ — ​ ​ ( 138,206 ) Deferred ​ 64,640 ​ 48,214 Total ​ 64,640 ​ ( 89,992 ) ​ ​ ​ ​ ​ ​ ​ Total income tax expense (benefit) ​ $ 293,820 ​ $ ( 404,968 ) ​ The effective income tax rate for the three months ended March 31, 2022, was ( 25.5 ) %, as compared to ( 20.4 ) % for the same period in 2021. The effective income tax rate for the six months ended March 31, 2022, was 33.4 %, as compared to ( 17.1 ) % for the same period in 2021. Effective income tax rates are estimates and may vary from period to period due to changes in the amount of taxable income and non-deductible expenses. Per diem paid to employees on construction projects and entertainment expenses are only partially deductible from taxable income and can have a significant impact on the effective tax rate. For the three months ended March 31, 2022, the non-deductible portion of per diem and entertainment expenses resulted in an approximate $ 106,000 increase in taxable income as compared to $ 221,000 for the same period in the prior year. For the six months ended March 31, 2022, the non-deductible portion of per diem and entertainment expenses resulted in an approximate $ 235,000 increase in taxable income as compared to $ 297,000 for the same period in the prior year. 11 Table of Contents The income tax effects of temporary differences giving rise to the deferred tax assets and liabilities are as follows: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ March 31, ​ September 30, ​ 2022 2021 Deferred tax liabilities ​ ​ Property and equipment ​ $ 4,444,778 ​ $ 4,883,398 Other ​ 527 ​ 37,582 Total deferred tax liabilities ​ $ 4,445,305 ​ $ 4,920,980 ​ ​ ​ ​ ​ Deferred income tax assets ​ ​ ​ ​ Other ​ $ 323,820 ​ $ 358,400 Net operating loss carryforward ​ ​ 1,855,987 ​ ​ 2,529,147 Total deferred tax assets ​ $ 2,179,807 ​ $ 2,887,547 ​ ​ ​ ​ ​ Total net deferred tax liabilities ​ $ 2,265,498 ​ $ 2,033,433 ​ The Company and all subsidiaries file a consolidated federal and various state income tax returns on a fiscal year basis. With few exceptions, the Company is no longer subject to U.S. federal, state, or local income tax examinations for years ended prior to September 30, 2018. The Company does not believe that it has any unrecognized tax benefits included in its consolidated financial statements that require recognition. The Company has not had any settlements in the current period with taxing authorities, nor has it recognized tax benefits as a result of a lapse of the applicable statute of limitations. The Company recognizes interest and penalties accrued related to unrecognized tax benefits, if applicable, in selling and administrative expenses. ​ 11. SHORT-TERM AND LONG-TERM DEBT Short-term debt consists of the following: On August 3, 2021, the Company received a one-year extension on its line of credit (“Operating Line of credit (2021)”) effective June 28, 2021. The $ 15.0 million revolving line of credit has a $ 12.5 million component and a $ 2.5 million component, each with separate borrowing requirements. The interest rate on the line of credit is the “Wall Street Journal” Prime Rate (the index) with a floor of 4.99 %. Based on the borrowing base calculation, the Company was able to borrow up to $ 9.4 million and had no borrowings on the line of credit as of March 31, 2022. The interest rate at March 31, 2022, was 4.99 %. Based on the borrowing base calculation, the Company was able to borrow up to $ 12.2 million as of September 30, 2021. The Company had $ 4.5 million in borrowings on the line of credit, leaving $ 7.7 million available on the line of credit as of September 30, 2021. The interest rate at September 30, 2021, was 4.99 %. Major items excluded from the borrowing base calculation are receivables from bonded jobs and retainage as well as all items greater than ninety (90) days old. Line of credit borrowings are collateralized by the Company’s accounts receivable. Cash available under the line is calculated based on 70.0 % of the Company’s eligible accounts receivable. Under the terms of the agreement, the Company must meet the following loan covenants to access the first $ 12.5 million: 1. Minimum tangible net worth of $ 19.0 million to be measured quarterly, 2. Minimum traditional debt service coverage of 1.25x to be measured quarterly on a rolling twelve- month basis, 3. Minimum current ratio of 1.50x to be measured quarterly, 4. Maximum debt to tangible net worth ratio (“TNW”) of 2.0x to be measured semi-annually, 5. Full review of accounts receivable aging report and work in progress. The results of the review shall be satisfactory to the lender in its sole and unfettered discretion. 12 Table of Contents Under the terms of the agreement, the Company must meet the following additional requirements for draw requests causing the borrowings to exceed $ 12.5 million: 1. Minimum traditional debt service coverage of 2.0x to be measured quarterly on a rolling twelve-month basis, 2. Minimum tangible net worth of $ 21.0 million to be measured quarterly. The Company believes it was in compliance with all covenants for the $ 12.5 million and $ 2.5 million components of the line of credit at March 31, 2022. The Company also finances insurance policy premiums on a short-term basis through a financing company. These insurance policies include workers’ compensation, general liability, automobile, umbrella, and equipment policies. The Company makes a down payment in January and finances the remaining premium amount over ten monthly payments. In January 2022, the Company financed $ 3.4 million in insurance premiums. At March 31, 2022, there was a $ 2.2 million outstanding balance for insurance premiums financed. 13 Table of Contents A summary of short-term and long-term debt as of March 31, 2022, and September 30, 2021, is as follows: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ March 31, ​ September 30, ​ 2022 2021 Line of credit payable to bank, monthly interest at 4.99 %, final payment due by June 28, 2022, guaranteed by certain directors of the Company. ​ $ — ​ $ 4,500,000 ​ ​ ​ ​ ​ Term note payable to United Bank, WV Pipeline acquisition, due in monthly installments of $ 64,853 interest at 4.25 %, final payment due by March 25, 2026, secured by receivables and equipment, guaranteed by certain directors of the Company. ​ 2,859,795 ​ 3,183,548 ​ ​ ​ ​ ​ Notes payable to finance companies, due in monthly installments totaling $ 68,079 at March 31, 2022 and $ 70,062 at September 30, 2021, including interest ranging from 0.00 % to 6.03 %, final payments due April 2022 through August 2026, secured by equipment. ​ 976,543 ​ 1,066,581 ​ ​ ​ ​ ​ Note payable to finance company for insurance premiums financed, due in monthly installments totaling $ 282,000 in FY 2022 and $ 272,000 in FY 2021, including interest rate at 3.50 %, final payment November 2022. ​ 2,236,362 ​ 540,250 ​ ​ ​ ​ ​ Notes payable to bank, due in monthly installments totaling $ 7,799 , including interest at 4.82 %, final payment due November 2034 secured by building and property. ​ 893,506 ​ 919,017 ​ ​ ​ ​ ​ Notes payable to bank, due in monthly installments totaling $ 11,602 , including interest at 4.25 %, final payment due November 2025 secured by building and property, guaranteed by certain directors of the Company. ​ 471,990 ​ 530,750 ​ ​ ​ ​ ​ Notes payable to bank, due in monthly installments totaling $ 98,865 , including interest at 4.99 %, final payment due September 2022 secured by equipment, guaranteed by certain directors of the Company. ​ 295,138 ​ 872,452 ​ ​ ​ ​ ​ Notes payable to David Bolton and Daniel Bolton, due in annual installments totaling $ 500,000 , including interest at 3.25 %, final payment due December 31, 2026, unsecured ​ 2,365,000 ​ 2,850,000 ​ ​ ​ ​ Notes payable to bank, interest at 4.25 % of outstanding balance due monthly between August 2021 and January 2022. Note payments due in monthly installments totaling $ 68,073 , including interest at 4.25 % , beginning February 2022 with final payment due January 2026, secured by equipment, guaranteed by certain directors of the Company. ​ ​ 2,886,471 ​ ​ 3,000,000 ​ ​ ​ ​ ​ ​ ​ Total debt ​ ​ 12,984,805 ​ ​ 17,462,598 ​ ​ ​ ​ ​ Less current maturities ​ 5,105,490 ​ 8,441,824 ​ ​ ​ ​ ​ Total long term debt ​ $ 7,879,315 ​ $ 9,020,774 ​ ​ 1 2. ACQUISITIONS On December 31, 2020, Energy Services completed an asset purchase of West Virginia Pipeline, which became a wholly owned subsidiary of Energy Services that operates as a gas and water distribution contractor primarily in southern West Virginia. Energy Services paid $ 3.5 million in cash and acquired a $ 3.0 million seller note with a term of five years with an interest rate of 3.25 %. The Company incurred approximately $ 150,000 in expenses related to the acquisition. West Virginia Pipeline earned revenues of $ 1.5 million and $ 3.8 million, respectively, for the three and six months ended March 31, 2022, and $ 1.2 million for the three and six months ended March 31, 2021. 14 Table of Contents On April 30, 2021, the Company’s Nitro subsidiary completed an asset purchase of Revolt Energy, Inc. (“Revolt Energy”), a solar installation company located in Nitro, WV for $ 150,000 in cash. After the acquisition, Revolt Energy began to operate as a division within Nitro. Revolt Energy earned revenues of $ 468,000 and $ 725,000 , respectively, for the three and six months ended March 31, 2022. ASC 805-10-50-2 requires public companies that present comparative financial statements to present pro forma financial statements as though the business combination that occurred during the current fiscal year had occurred as of the beginning of the comparable prior annual reporting period. As allowed under ASC 805-10-50-2, the Company finds this information impracticable to provide for the interim periods presented due to the lack of availability of meaningful financial statements of the acquired companies that comply with U.S. Generally Accepted Accounting Principles. Energy Services accounts for business combinations under the acquisition method in accordance with ASC Topic 805, Business Combinations. Accordingly, for each transaction, the purchase price is allocated to the fair value of the assets acquired and liabilities assumed as of the date of the acquisition. The purchase price allocation of each acquisition is allocated in the tables below: West Virginia Pipeline ​ ​ ​ ​ ​ Goodwill $ 1,814,317 Equipment and vehicles ​ 1,565,000 Building ​ 220,243 Land ​ 64,757 Customer relationships ​ 2,209,724 Tradename ​ ​ 263,584 Non-competes ​ 83,203 Cash received in acquisition ​ 250,000 Debt assumed in acquisition ​ ( 120,828 ) Purchase price ​ $ 6,350,000 ​ Revolt Energy ​ ​ ​ ​ ​ Equipment and vehicles $ 135,000 Non-compete agreement ​ ​ 100,000 Debt assumed in acquisition ​ ( 85,000 ) Purchase price ​ $ 150,000 ​ West Virginia Pipeline’s past financial performance, experienced management and workforce and relationships with its customers made it an attractive acquisition for the Company. Going back to 1963, West Virginia Pipeline has a long history of excellent work performance in southern West Virginia. Their geographic region compliments Energy Services as the two companies rarely competed for work previously. The goodwill generated by the acquisition is largely the result of the high return on capital generated by West Virginia Pipeline. While West Virginia Pipeline is managed separately from the Company’s other union operations, it is expected that relationships built by all the companies will help provide new opportunities within the organization. Revolt Energy’s reputation as a leading solar installation company in southern West Virginia made it an attractive acquisition and assisted Nitro’s entry into the growing solar installation industry. Prior to the acquisition, Revolt installed the solar panels and subcontracted the electrical work. The acquisition will now allow Nitro to self-perform the complete solar installation process. Nitro’s and Revolt’s common union affiliations align to give Nitro flexibility on both solar installations and commercial electrical work. On April 29, 2022, Tri-State Paving Acquisition Company ("TSP"), a West Virginia corporation and a newly formed wholly owned subsidiary of the Company, completed the acquisition of Tri-State Paving & Sealcoat, LLC ("Tri-State Paving"), a West Virginia corporation located in Hurricane, WV. TSP acquired substantially all the assets of Tri-State Paving for $ 7.5 million in cash, a $ 1.0 million seller note, and $ 1.0 million in the Company's common stock. TSP will provide utility paving services to water distribution customers in the Charleston, WV, Lexington, KY, and Chattanooga, TN markets. The employees of TSP will be non-union and managed independently from the Company's union subsidiaries. 15 Table of Contents ​ 13. GOODWILL AND INTANGIBLE ASSETS The Company follows the guidance of ASC 350-20-35-3 Intangibles-Goodwill and Other (Topic 350) which requires a company to record an impairment charge based on the excess of a reporting unit’s carrying amount of goodwill over its fair value. Under the current guidance, companies can first choose to assess any impairment based on qualitative factors (Step 0). If a company fails this test or decides to bypass this step, it must proceed with a two-step quantitative assessment of goodwill impairment. The Company did not have a goodwill impairment at March 31, 2022 or September 30, 2021. A table of the Company’s goodwill is below: ​ ​ ​ ​ ​ ​ ​ ​ ​ September 30, March 31, ​ 2021 2022 Beginning balance ​ $ — ​ $ 1,814,317 Acquired ​ 1,814,317 ​ — Impairment ​ — ​ — Ending balance ​ $ 1,814,317 ​ $ 1,814,317 ​ A table of the Company’s intangible assets subject to amortization at March 31, 2022, and September 30, 2021 is below: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Accumulated ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Amortization and ​ ​ ​ ​ ​ Remaining Life at ​ ​ ​ ​ Amortization at ​ Accumulated ​ Amortization and ​ Amortization and ​ Impairment Six ​ ​ ​ ​ March 31, ​ ​ March 31, Impairment at Impairment at Impairment at Months Ended ​ Net Book Intangible assets: 2022 Original Cost 2022 March 31, 2022 March 31, 2022 September 30, 2021 March 31, 2022 Value West Virginia Pipeline ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Customer Relationships ​ 105 months ​ $ 2,209,724 ​ $ 276,207 ​ $ — ​ $ 276,207 ​ $ 165,725 ​ $ 110,482 ​ $ 1,933,517 Tradename ​ 105 months ​ ​ 263,584 ​ ​ 32,954 ​ ​ — ​ ​ 32,954 ​ ​ 19,772 ​ ​ 13,182 ​ ​ 230,630 Non-competes 9 months ​ 83,203 ​ 52,004 ​ — ​ 52,004 ​ 31,202 ​ 20,802 ​ 31,199 Revolt Energy ​ ​ ​ ​ ​ ​ ​ Employment agreement/non-compete 25 months ​ 100,000 ​ 22,223 ​ 43,056 ​ 65,279 ​ 13,889 ​ 51,390 ​ 34,721 Total intangible assets ​ ​ ​ $ 2,656,511 ​ $ 383,388 ​ $ 43,056 ​ $ 426,444 ​ $ 230,588 ​ $ 195,856 ​ $ 2,230,067 ​ The amortization and impairment on identifiable intangible assets for the six months ended March 31, 2022 and 2021 was $ 195,856 and $ 0 , respectively. The $ 43,000 intangible impairment charge for the six months ended March 31, 2022, was the result of a mutual parting of ways with a former employee. Amortization expense associated with the identifiable intangible assets is expected to be as follows: ​ ​ ​ ​ ​ April 2022-March 2023 ​ $ 295,199 April 2023-March 2024 ​ 264,000 April 2024-March 2025 ​ 248,717 April 2025-March 2026 ​ 247,332 April 2026-March 2027 ​ 247,332 After ​ 927,487 Total ​ $ 2,230,067 ​ ​ 14. LEASES The Company leases office space for SQP Construction Group for $ 1,500 per month. The lease, signed on March 25, 2021, is for a period of two years with five one-year renewals available immediately following the end of the base term. Rental terms for the option periods shall be negotiated and agreed mutually between the parties and shall not exceed five percent increases to rent, if any. The lease is expensed monthly and not treated as a right-to-use asset as it does not have a material impact on the Company’s consolidated financial statements. 16 Table of Contents During the six months ended March 31, 2022, the Company entered into two lease agreements of construction equipment for a combined $ 160,000 . The leases have a term of twenty-two months with a stated interest rate of 0 %, combined monthly installment payments of $ 6,645 and are cancellable at any time without penalty. The Company has the right to purchase the equipment at the expiration of the leases by applying the two-month deposit paid. The right-of-use assets and finance lease obligations associated with these lease agreements are included in the consolidated balance sheets within property, plant and equipment and long-term debt, respectively, and do not have a material impact on the Company's financial statements. The Company rents equipment for use on construction projects with rental agreements being week to week or month to month. Rental expense can vary by fiscal year due to equipment requirements on construction projects and the availability of Company owned equipment. Rental expense, which is included in cost of goods sold on the consolidated statements of income, was $ 1.6 million and $ 900,000 , respectively, for the three months ended March 31, 2022, and 2021 and $ 3.5 million and $ 1.9 million, respectively, for the six months ended March 31, 2022 and 2021. 15 . PAYCHECK PROTECTION PROGRAM LOANS Due to the economic uncertainties created by COVID-19 and limited operating funds available, the Company applied for loans under the Paycheck Protection Program (“PPP”). On April 15, 2020, Energy Services of America Corporation and subsidiaries C.J. Hughes Construction Company, Contractors Rental Corporation and Nitro Construction Services, Inc. entered into separate Paycheck Protection Program notes effective April 7, 2020, with United Bank, Inc. as the lender (“Lender”) in an aggregate principal amount of $ 13,139,100 pursuant to the PPP (collectively, the “PPP Loan”). In a special meeting held on April 27, 2020, the Board of Directors of the Company unanimously voted to return $ 3.3 million of the PPP Loan funds after discussing the financing needs of the Company and subsidiaries. That left the Company and subsidiaries with $ 9.8 million in PPP Loans to fund operations. In fiscal year 2021, the Company received notice that the SBA had granted forgiveness and repaid $ 9.8 million of the PPP borrowings to the Lender. Borrowers must retain PPP documentation for at least 6 years after the date the loan is forgiven or paid in full, and the SBA and SBA Inspector General must be granted these files upon request. The SBA could still revisit its forgiveness decision and determine that the Company does not qualify in whole or in part for loan forgiveness and demand repayment of the loans. In addition, it is unknown what type of penalties could be assessed against the Company if the SBA disagrees with the Company’s certification. Any penalties in addition to the potential return of the PPP Loan could negatively impact the Company’s business, financial condition and results of operations and prospects. 16. SUBSEQUENT EVENTS On April 29, 2022, Tri-State Paving Acquisition Company ("TSP"), a West Virginia corporation and a newly formed wholly owned subsidiary of the Company, completed the acquisition of Tri-State Paving & Sealcoat, LLC ("Tri-State Paving"), a West Virginia corporation located in Hurricane, WV. TSP acquired substantially all the assets of Tri-State Paving for $ 7.5 million in cash, a $ 1.0 million seller note, and $ 1.0 million in the Company's common stock, which resulted in the issuance of 419,287 new common shares. TSP will provide utility paving services to water distribution customers in the Charleston, WV, Lexington, KY, and Chattanooga, TN markets. The employees of TSP will be non-union and managed independently from the Company's union subsidiaries. Management has evaluated all subsequent events for accounting and disclosure. There have been no other material events during the period, other than noted above, that would either impact the results reflected in the report or the Company’s results going forward. ​ 17 Table of Contents